GALLANT FABRICS, INC. v. TANENBAUM TEXTILE CO., INC.


3 A.D.2d 1000 (1957)

Gallant Fabrics, Inc., Respondent-Appellant, v. Tanenbaum Textile Co., Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1957


Judgment for plaintiff-respondent-appellant unanimously reversed and the complaint dismissed, on the law, and judgment for defendant-appellant-respondent granted on its counterclaim for $1,100, as stipulated, with costs to the defendant-appellant-respondent.

The jury rendered a verdict for $4,000 in favor of plaintiff-buyer. The amount clearly indicates that the verdict must have been the result of compromise or mistake. As a matter of law, plaintiff had the right...

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